URGENT HELP NEEDED FOR ENTREPRENEUR EXTENSION APPLICATION.

[mpking]

There are alternatives to the business statements set out in the guidelines. I don't have it in front of me but it was a letter from the bank if I remember right.

boss sorry i know its like pushing too much but i cant find anything from the guidelines. so if u can please tell me exactly and precisely what is the alternative for bank statement please .
and secondly you said Original MBA drgree is optional. but there is a point in the form that you have to send original to score points !!

[marcnath]

boss sorry i know its like pushing too much but i cant find anything from the guidelines. so if u can please tell me exactly and precisely what is the alternative for bank statement please .
and secondly you said Original MBA drgree is optional. but there is a point in the form that you have to send original to score points !!

1. From the guidance - If you are self-employed, a personal or business bank statement showing transactions for your business (which must be currently active), or a letter from that same bank, on its headed paper, confirming that you have a business and act through that bank for the purposes of that business;


2. Not sure where in the form that is.
The guidance says:
234. You can also meet the English language requirement, without the need to provide evidence, if you were last given permission to stay in the UK:
 under Tier 1 (General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain;

And obviously, you were last given permission to stay in the UK as a T1E

[mpking]

thanks marcnath for your valuable advice !!!
and now as per your advice final submission list . still if u think anything bad plz lemme know..

1. my pp + brp + IHS paid receipt + 2 pp size pics + Marriage certificate. -
2. my dependent pp + brp + 2 pp size pics + IHS paid receipt.
3. duly filled full application form
4. duly filled full application form for dependent.
5. ENGLISH LANGUAGE - 10 POINTS - my original MBA drgree .
6. MAINTENANCE FUNDS - 10 POINTS - bank statement with bank seal.
7. REGISTERED AS SELF EMPLOYED - 20 points - HMRC welcome letter
8. ENGAGED IN BUSINESS ACTIVITY - 15 POINTS -
- HMRC ORIGINAL WELCOME LETTER
- latest tax return ( will be filed tomorrow )
+ tax returns for last 3 years .
9. CREATED 2 FULL TIME JOBS - 20 POINTS - evidence of settled workers i.e - passports + brp color copies
- p45 for employees who have already left.
- p46 for employees who are currently working.
- RTI submissions up to date.
- upto date wage slips of all the employees ( start - till date )
- accountant letter saying about 2 full time jobs with their
names and hours clearly stated .
10. Money invested in business - 20 POINTS
- Unaudited accounts and an accountant’s certificate of confirmation
- compilaton report by accountant
- Letter from my bank stating i have business account and i am the signatory with my name and full business address..

any more documents to add or any mainly missing . please point out and lemme know. thanx in advance.

[mpking]

to all the gurus and experienced members please give your valuable feedback !!
specially calling MARCNATH OR ZIMBA88.
MANY THANKS

[marcnath]

thanks marcnath for your valuable advice !!!
and now as per your advice final submission list . still if u think anything bad plz lemme know..

1. my pp + brp + IHS paid receipt + 2 pp size pics + Marriage certificate. -
2. my dependent pp + brp + 2 pp size pics + IHS paid receipt.
3. duly filled full application form
4. duly filled full application form for dependent.
5. ENGLISH LANGUAGE - 10 POINTS - my original MBA drgree .
6. MAINTENANCE FUNDS - 10 POINTS - bank statement with bank seal.
7. REGISTERED AS SELF EMPLOYED - 20 points - HMRC welcome letter
8. ENGAGED IN BUSINESS ACTIVITY - 15 POINTS -
- HMRC ORIGINAL WELCOME LETTER
- latest tax return ( will be filed tomorrow )
+ tax returns for last 3 years .
9. CREATED 2 FULL TIME JOBS - 20 POINTS - evidence of settled workers i.e - passports + brp color copies
- p45 for employees who have already left.
- p46 for employees who are currently working.
- RTI submissions up to date.
- upto date wage slips of all the employees ( start - till date )
- accountant letter saying about 2 full time jobs with their
names and hours clearly stated .
10. Money invested in business - 20 POINTS
- Unaudited accounts and an accountant’s certificate of confirmation
- compilaton report by accountant
- Letter from my bank stating i have business account and i am the signatory with my name and full business address..

any more documents to add or any mainly missing . please point out and lemme know. thanx in advance.

1. Make sure your FPS/RTI submissions have the starting and leaving date of the employees. UKVI will ignore the P45, P46 and accountant letter, so those are not sufficient to show starting and ending dates.
2. If you are organising documents in the sections as above then it would be good (but not necessary) to add the business address proof and UK taxation proof in the last section also (Money invested ...)

[mpking]

thanks marcnath for your valuable advice !!!
and now as per your advice final submission list . still if u think anything bad plz lemme know..

1. my pp + brp + IHS paid receipt + 2 pp size pics + Marriage certificate. -
2. my dependent pp + brp + 2 pp size pics + IHS paid receipt.
3. duly filled full application form
4. duly filled full application form for dependent.
5. ENGLISH LANGUAGE - 10 POINTS - my original MBA drgree .
6. MAINTENANCE FUNDS - 10 POINTS - bank statement with bank seal.
7. REGISTERED AS SELF EMPLOYED - 20 points - HMRC welcome letter
8. ENGAGED IN BUSINESS ACTIVITY - 15 POINTS -
- HMRC ORIGINAL WELCOME LETTER
- latest tax return ( will be filed tomorrow )
+ tax returns for last 3 years .
9. CREATED 2 FULL TIME JOBS - 20 POINTS - evidence of settled workers i.e - passports + brp color copies
- p45 for employees who have already left.
- p46 for employees who are currently working.
- RTI submissions up to date.
- upto date wage slips of all the employees ( start - till date )
- accountant letter saying about 2 full time jobs with their
names and hours clearly stated .
10. Money invested in business - 20 POINTS
- Unaudited accounts and an accountant’s certificate of confirmation
- compilaton report by accountant
- Letter from my bank stating i have business account and i am the signatory with my name and full business address..

any more documents to add or any mainly missing . please point out and lemme know. thanx in advance.

1. Make sure your FPS/RTI submissions have the starting and leaving date of the employees. UKVI will ignore the P45, P46 and accountant letter, so those are not sufficient to show starting and ending dates.
2. If you are organising documents in the sections as above then it would be good (but not necessary) to add the business address proof and UK taxation proof in the last section also (Money invested ...)

thanx for your reply MARCNATH. but this is wat u said abt proof of investment that add business address proof and UK Taxation. !!
and i confirmed off u wat else other than bank statement can work and u said letter from bank .
kindly confirm or suggest what shall i put in last section then ?

[mpking]

hello Marcnath , please another question ?
so are u saying the proof of investment to be just ::
- Unaudited accounts and an accountant’s certificate of confirmation
- compilaton report by accountant ?????

and i ll make sure and ll defo check that RPS have start and end dates of employees joined and left !!
and
ENGAGED IN BUSINESS ACTIVITY - 15 POINTS -
- HMRC ORIGINAL WELCOME LETTER
- latest tax return ( will be filed tomorrow )
+ tax returns for last 3 years . is this enough for engagement proof ??
and
CREATED 2 FULL TIME JOBS - 20 POINTS - evidence of settled workers i.e - passports + brp color copies
- p45 for employees who have already left.
- p46 for employees who are currently working.
- RTI submissions up to date with jobs starting and end dates .
- upto date wage slips of all the employees ( start - till date )
- accountant letter saying about 2 full time jobs with their
names and hours clearly stated . is this enough for job creation proof ??

rest everything is ok but to be honest am still very confused about Investment proof because i myself dont know what these unaudited accounts and compilation report is !! Marcnath please give me some idea about this and if u have please help me with the format so i can show to accountant and get the same !! and anything else in regards to investment we can show ??
Marcnath am repeating again and again to please confirm everything is ok and ur satisfied with the papework coz am treating this to be same like case worker is having a look. there is still time, so please tell me if any more things needs to be added or if ur not happy with any paper or document !!!
waiting for your urgent reply !!!! thanks in advance .. please reply to last post as well ..

[mpking]

Marcnath sorry 3rd post continously as am reading guidelines and getting confused ..
138. When evidencing the investment:
(1) The audited or unaudited accounts must show the investment in money made directly
by the you, in your own name or on your behalf (and showing your name).
how will this be shown ? means accountant will give the letter confirming- my name MR X made the investment directly by cash into the business. ??
and there should be cash entry in unaudited accounts as well ennit ? means in the tax returns that this much amount has been raised as capital and invested in the business ??
please can you elaborate this topic for me in simple words so that i can understand and if god forbid accountant doesn't know about this, i can explain it to him what exactly do i need !!!
thanks once again for your over all help. and please reply asap and plz reply to early posts as well..tnx

[marcnath]

Hi, it is very .difficult for me to be very specific since I don't have the documents (and I am not qualified to do that level of advising). I can only be general.
Unfortunately, while the immigration rules and guidelines allow for self-employed entrepreneurs, most of it seems to be better suited for limited companies.
To try and answer some of your questions:
1. Proof of investment has two separate requirements:
- Transfer of money from your personal account to your business account (it si not clear how you will evidence it if you have only one account when you are self-employed)
- That the investment is made into a UK business - which has to be evidenced by having a UK business address (your HMRC letter is good enough for that), has a UK bank account (your bank letter satisfies that) and the business is subject to UK taxation (again the same HMRC letter is fine)
2. On Accounts and confirmation statement/compilation report, I am sorry I can't help much more. In principle, your accountant should be able to draw up an accounts for your business - basically the Profit and Loss statement and Balance Sheet for your business. Talk to your accountant about that. When the accountant does the accounts, it should show your investment in it (it will be in the balance sheet)

[mpking]

hello Marcnath.
i have a question. like i had applied for the extension now and by chance it takes a year for them to reply and grant the visa and in that period if we complete our continuous 10 years, can i apply for ILR ?
i mean since we dont know the outcome and we have just applied for Tier 1 ext, can i apply for ILR ?
and also i had heard about private life and human rights ground to apply for ILR. can you tell me something about these ? what are these and how can we apply for these and their requirements ?
thanks in advance .

[marcnath]

Yes, you can vary your application anytime before it is decided.
So, if it does get to 10 years before you get a decision, then you can vary your application to ILR(LR). I am not familiar enough with private life and human rights and those are very dependant on your personal circumstances. However, I do know those are not easy channels to qualify for.

[mpking]

Hi Marcnath.
Hope ur doing gud. Just a quick question. I have applied my extension last week and received my biometric letter today. I want to know about the Acknowledgement letter, are they still sending it ? Or do we have to request it ? Or what shall i do ? Coz i obviously run my company but my wife do the job, and her company is asking for acknowledgement letter. !!! Whats the best way u suggest with which she can join the company back straight away ?
Waiting for ur reply
Many thanks. Mp

[marcnath]

Hi Marcnath.
Hope ur doing gud. Just a quick question. I have applied my extension last week and received my biometric letter today. I want to know about the Acknowledgement letter, are they still sending it ? Or do we have to request it ? Or what shall i do ? Coz i obviously run my company but my wife do the job, and her company is asking for acknowledgement letter. !!! Whats the best way u suggest with which she can join the company back straight away ?
Waiting for ur reply
Many thanks. Mp

You can try calling the HO and ask them, but there have been other cases where the acknowledgment letter is not needed.
Not sure why her employer needs this, but they can always do the check online - https://www.gov.uk/employee-immigration ... ent-status

[mpking]

Thanks alot Marcnath. It really helped and they accepted this thing.
many thanks.

[mpking]

Hi Marcnath or zimba88
Am back again. i applied for my extension in sept and biometrics done in october and now in november they refused my application. i have got 14 days for AR thou !! what can be done in AR and is there any fees for AR ?
Marcnath i gave them all the documents confirming off you. everything was complete and accurate but still they refused it.
the worst bit is that in Attribute A : out of 75 points they just gave me 20. 3 different points have been awarded 0 points .
i am gonna list all the points and what they explained about giving points on them :

REQUIRED INVESTMENT MADE IN UK : 0 POINTS .
i supplied balance sheet and profit and loss account by the accountant showing capital and stuff of 50k
reason - when evidencing the investment, the audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf.
we are satisfied your business balance and p and l account you supplied do not show any investment made under your name..
from the evidence you supplied we are satisfied you have not supplied all of the specified documents, required under the immigration rules, which show the investment you have made in your business..

APPLICANT IS ENGAGED IN BUSINESS ACTIVITY AT THE TIME OF APPLICATION : 0 POINTS .
i supplied returns, summaries and tax bills for 2014-15,15-16 and 16-17.
reason by them - nothing shows that i was still registered as self employed within 3 months period before the date of my application .!!

creation of jobs in uk : 0 points
i supplied everything related to employees and wage slips and stuff .
there reason is - it combines upto a total of 3086 hours where as it should be 3120 hours .
but when i calculated again now still i can count 3395 till the end of my visa or 3175 till the time i supplied the wage slips for . so dont know how they calculated these hours .

Marcnath please have a firm look at all this and please tell me what shall i do. i am very stressed as its not 1 or 2 but 3 points they dint awarded me the points for.
what shall i do and what shall i tell the solicitor. all your valuable suggestions and advice are welcome.

waiting for your feedback . plesae reply asap as i have to see solicitor tmrw.
many thanks
MP.

[marcnath]

Very sorry to note that it was rejected.
Without seeing the actual documents you submitted, it is difficult to comment on the validity of the rejection.
Further comments below

Marcnath i gave them all the documents confirming off you. everything was complete and accurate but still they refused it. ==> I am sorry about this. Without seeing actual documents, it is impossible for anyone to confirm the validity of the documents. .
the worst bit is that in Attribute A : out of 75 points they just gave me 20. 3 different points have been awarded 0 points .
i am gonna list all the points and what they explained about giving points on them :

REQUIRED INVESTMENT MADE IN UK : 0 POINTS .
i supplied balance sheet and profit and loss account by the accountant showing capital and stuff of 50k
reason - when evidencing the investment, the audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf.
we are satisfied your business balance and p and l account you supplied do not show any investment made under your name..
from the evidence you supplied we are satisfied you have not supplied all of the specified documents, required under the immigration rules, which show the investment you have made in your business..
You seem to have submitted the necessary documents but it depends on what is in your actual accounts. It looks like the accounts does not have your name against the investment shown. Since you are self-employed, that is rather self evident, so you probably have a chance to argue this at your AR and have the decision overturned.
APPLICANT IS ENGAGED IN BUSINESS ACTIVITY AT THE TIME OF APPLICATION : 0 POINTS .
i supplied returns, summaries and tax bills for 2014-15,15-16 and 16-17.
reason by them - nothing shows that i was still registered as self employed within 3 months period before the date of my application .!!
==> Again, depends on the actual evidence supplied. Here is what I had said earlier;

The requirement for current business engagement is clear
If you are self-employed when you apply, you must provide documentation to demonstrate that you are registered as self-employed with HM Revenue & Customs.
Your latest tax return should satisfy that if it was issued within the last three months and it states you are self-employed.

If the tax return was dated within three months of your application, you should be able to argue this in AR.
creation of jobs in uk : 0 points
i supplied everything related to employees and wage slips and stuff .
there reason is - it combines upto a total of 3086 hours where as it should be 3120 hours .
but when i calculated again now still i can count 3395 till the end of my visa or 3175 till the time i supplied the wage slips for . so dont know how they calculated these hours .
As has been repeatedly said, you should not measure total hours. Have they not explained their calculations in the rejection letter ? For each week, the maximum they will count is 30 hrs. And you need 104 weeks of minimum 30 hours, which makes 3120. If you had one week with 20 hrs and another with 40 hours, they would only count 50 hours (maximum 30 hrs in each week), not 60.
Without the full breakdown of your employee hours, it is not possible to say if this rejection is valid or not.

Marcnath please have a firm look at all this and please tell me what shall i do. i am very stressed as its not 1 or 2 but 3 points they dint awarded me the points for.
what shall i do and what shall i tell the solicitor. all your valuable suggestions and advice are welcome.

waiting for your feedback . plesae reply asap as i have to see solicitor tmrw.
many thanks
MP.

Remember that we are non professionals here and we try to help and guide you without access to the actual documents.

[mohsensari]

Phone the HMRC to provide you with a letter which is showing your are register as self-employed. ( you need to act very quickly.)

[mohsensari]

Also you can argu that when you filled your self assessment you have ticked the self- employed option rather than employee option ( hopefully you did this and this document should be with in 3 months before you application date) . This could be an evidence that you were registered as self-employed.

[mohsensari]

your account must show clearly your name opposite investment.( Must mentioned that you have invested in bussiness with your full name.) But because of nature of self employed bussiness, you can argu all capital as investment in AR.

[mpking]

your account must show clearly your name opposite investment.( Must mentioned that you have invested in bussiness with your full name.) But because of nature of self employed bussiness, you can argu all capital as investment in AR.

thanx for your reply Mohsensari. so now shall i get the accounts edited from my accountant ? so as to put my name in front of investment ?

[zimba]

I also suggest to show your employment created with dates here so we can see if you created enough employment

[marcnath]

your account must show clearly your name opposite investment.( Must mentioned that you have invested in bussiness with your full name.) But because of nature of self employed bussiness, you can argu all capital as investment in AR.

thanx for your reply Mohsensari. so now shall i get the accounts edited from my accountant ? so as to put my name in front of investment ?

New documents will not be accepted in an AR, so you need to be arguing using the existing documents.
If AR fails, then you can do a fresh application with new documents.
I think you have a reasonable chance on AR for the 1st two. Job creation depends on what your weekly hours are.

[mohsensari]

Unfortunately you can’t add new documents but you can argue them in Ar as above. (As sole trade business nature). But also prepare for fresh application.

[mpking]

I also suggest to show your employment created with dates here so we can see if you created enough employment

Thank you so much for helping me out. just to let you know i put the employment as per weeks not hours but they said You applied for your initial leave as tier 1 on dec 7 2013 so this qualifies you for assessment under the transitional arrangements for the creation of jobs in the uk. this means if u demonstrate your employees have worked for a total of 3120 hours or more , you would be awarded points under this category .
then next paragraph they said not every month has the same number of days, so we allow for each employee to work for max of 130 hours per month. the amount of hours worked by a single employee , over the permitted 130 hours will not be considered in the calculation. therefore the total number of hours that you have demonstrated you supplied is 3086 hours. this total falls below the minimum threshold of 3120 hours.

i submitted the dates and hours worked as follows. please someone tell me how they calculated 3086 hours with these many weeks and no employee working less than 30 hours per week.

ASSUMING THE END DATE TO BE SAME LIKE VISA END DATE = 23/09/2017.
THE WEEKS ARE CALCULATED AS FOLLOWS:

EMPLOYEE NO. NAME START DATE END DATE NO. OF HOURS NO. OF WEEKS
( Per Week )
1 MR A 02-01-2017 23-09-2017 30 38
2 MR B 04-01-2017 30-07-2017 35 30
3 MR C 17-01-2017 02-07-2017 40 24
4 MR D 06-06-2017 23-09-2017 30 16
TOTAL NO. OF WEEKS = 108 WEEKS.

SO HERE IT SHOWS 108 WEEKS OF FULL TIME EMPLOYMENT ( 30 HRS MIN.) WITH ALL THE SUPPORTING DOCUMENTS ENCLOSED ALONGWITH; WHERE:

JOB NO 1

Mr A WORKED FOR 38 WEEKS
+ = 54 WEEKS EQUIVALENT TO 12 MONTHS.
MR B WORKED FOR 16 WEEKS

JOB NO 2

MR C WORKED FOR 30 WEEKS
+ = 54 WEEKS EQUIVALENT TO 12 MONTHS.
MR D WORKED FOR 24 WEEKS

with all the supporting docs i provided this sheet as well with the heading JOBS Explained so that its easy for case worker to understand . please all gurus suggest me about this 3rd point as well. thanks ..

[mpking]

I also suggest to show your employment created with dates here so we can see if you created enough employment

1--- MR A ---02-01-2017--- 23-09-2017--- 30 hrs pw---38 weeks
2--- MR B--- 04-01-2017--- 30-07-2017----35 hrs pw-- 30 weeks
3--- MR C--- 17-01-2017--- 02-07-2017--- 40 hrs pw - 24 weeks
4 ---MR D--- 06-06-2017--- 23-09-2017--- 30 hrs pw-- 16 weeks
TOTAL NO. OF WEEKS = 108 WEEKS.

have a look zimba and tell me how they made 3086 hours and i made about 3400 hours. tnx